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Courts can award damages for mental injury without psychiatric diagnosis: Supreme Court of Canada

Source:
Canadian Underwriters - June 14, 2017

The Supreme Court of Canada has rejected an argument by Insurance Bureau of Canada that a court should not award damages for psychological or emotional damage unless the plaintiff demonstrates the tort caused a “recognizable psychiatric illness.”...to read the entire article
CLICK HERE


Ontario should create ‘list of documents that must be produced’ in personal injury auto lawsuits: Marshall

Source: Canadian Underwriters - April 13, 2017 
The Ontario government should consider allowing auto insurers to offer consumers more choices and come up with new rules for the tort system bearing in mind that personal injury auto lawsuits “seldom involve complex issues of law,” a special adviser to the finance minister suggested this week...to read the entire article CLICK HERE


New Ontario financial authority should monitor auto insurers with ‘unusual number’ of LAT appeals: Marshall

Source: Canadian Underwriters - April 12, 2017
Neither the behaviour of personal injury lawyers nor “excess profits” of insurers are to blame for high auto premiums in Ontario, but the government should consider restricting lawyers’ contingency fees, a special advisor to the provincial government suggested in a report released Tuesday...to read the entire article CLICK HERE


Unlicensed entity selling false proof of auto insurance: FSCO
Source: Canadian Underwriter April 5, 2017
The Financial Services Commission of Ontario (FSCO) has issued a warning to consumers that an organization known as Switzerland Imperial Bank AG, or S I B AG Corporation, is not licensed to conduct insurance business in Ontario...to read the entire article
CLICK HERE


2017 PTSD Summit Making Progress on Prevention (REPORT)

Message from Kevin Flynn, Minister of Labour

It is my pleasure to let you know that the Ministry of Labour’s PTSD Summit, Making Progress on Prevention on October 25, 2016, was a resounding success. Bringing together workers, employers, and experts from a wide range of sectors, along with members of the Ontario Public Service, the summit provided a great opportunity to share different perspectives and consider emerging practices and approaches for mitigating and preventing post-traumatic stress disorder (PTSD).

In the summit’s keynote address, Mr. Bob Delaney, former undercover police officer and National Basketball Association (NBA) referee, described his harrowing work infiltrating organized crime and how those experiences would later lead to PTSD. With peer-to-peer support, he overcame the stigma associated with PTSD and now works to educate others and support awareness, understanding and development of mental health and wellness.

Through the panel discussions speakers explained how instrumental peer support can be in mitigating and treating PTSD, and what best practices and approaches are currently being harnessed. The speakers also discussed the important role employers and employees’ families play in supporting those suffering from PTSD, and the value of social supports in a successful recovery and return to work.

With the summit completed, it is now time to utilize the knowledge shared and networks created to make progress on preventing work-related PTSD and build resiliency. As you know, key to this is developing organizational prevention plans. The Ministry of Labour has produced a detailed summit report which can serve as a useful resource. The report provides a comprehensive overview of the keynote address, panel discussions and the three breakout sessions, as well as a recap of the summit’s highlights. It is available online at www.labour.gov.on.ca/english/hs/pubs/ptsd_summit2016.php, and I encourage you to share the report with colleagues.

As our government continues to move forward on the important issue of workplace mental health, it is heartening to know that we can count on your commitment and support. We recognize that more work lies ahead of us, and that together we can make significant strides in preventing PTSD, and enhancing the mental health and safety of workers in Ontario...to read the entire report CLICK HERE


Denying catastrophic impairment status to Ontario auto claimant is not denying benefit: OIAA speaker

Source: Canadian Underwriters - February 8, 2017 by Greg Meckbach, Associate Editor
When an Ontario auto insurer notifies a claimant that he or she has not sustained a catastrophic impairment, that does not constitute the denial of a benefit for the purposes of the two-year limitation on filing a lawsuit, a lawyer warned claims professionals recently...to read the full article
CLICK HERE


Driving while drug-impaired case reaches Supreme Court of Canada over admissibility of police opinion evidence
Source: October 13, 2016 Canadian Underwriters
The Supreme Court of Canada heard Thursday an appeal over the admissibility of opinion evidence, in an impaired driving trial, from a police drug recognition expert, as to whether a defendant’s ability to operate a motor vehicle was impaired by drugs...to read the entire article CLICK HERE


Supreme Court of Canada hears appeal over Nova Scotia auto family protection endorsement
Source: October 7, 2016 Canadian Underwriters
The Supreme Court of Canada heard Wednesday an appeal from a Nova Scotia auto accident victim whose future Canada Pension Plan disability payments were ordered deducted from the amount payable under his family protection endorsement...to read the entire article
CLICK HERE


IBC applauds Ontario government’s focus on auto insurance reforms
Source: Canadian Underwriter dated September 23, 2016
The Insurance Bureau of Canada (IBC) is applauding the Government of Ontario for “continuing to make auto insurance reforms a priority” as the government released mid-point mandate letters for all Cabinet Ministers...to read the entire article CLICK HERE


Ontario to stop paying for high-dose opioids in push to reduce addiction
Source: The Canadian Press -  Posted July 25, 2016
Ontario will be the first province to stop paying for high doses of long-acting opioids as part of a push to reduce the “growing problem” of painkiller addiction in the province...to read the entire article CLICK HERE


Finding that breast cancer is an occupational disease for hospital lab workers upheld by Supreme Court of Canada
Source: Canadian Underwriters  - Posted July 1, 2016
The Supreme Court of Canada recently upheld a ruling from the British Columbia Workers’ Compensation Appeal Tribunal that breast cancer among hospital lab workers was an “occupational disease,” despite an expert report that did not find “any scientific evidence for the plausibility of a laboratory work-related etiological hypothesis” for the illness...to read the entire article CLICK HERE


Some motorists under the influence of marijuana believe they can drive safely: poll

Source Canadian Underwriters, Angela Stelmakowich Published on: May 18, 2016 
More than four in 10 polled Canadians who have driven under the influence of marijuana reported they believe there was no impact on their ability to drive safely, indicate results of a State Farm Canada survey released Tuesday.

Results – issued with the kick-off of National Road Safety Week – show that 44% of those polled who have driven under the influence of marijuana do not think that doing so impacts their ability to drive safely...to read the entire article CLICK HERE


Nurses excluded from PTSD bill ask, 'If we're not first responders who is?'

Late in 2014, Julie Prince’s life started to unravel.

After a shift at the hospital where she worked as a nurse in the labour and delivery unit, she would spend hours sobbing on the couch, haunted by images of dead babies.

Prince had worked as a nurse since 2002 in neonatal intensive units in seven hospitals in the United States and Ontario, and later in a labour and delivery unit in southwestern Ontario. Only a dozen years into a career she loved, she felt oppressed by the accumulation of death she had witnessed...to read the entire article CLICK HERE


'A great mistake to leave out nurses:' expert


MD claims WSIB fired her over medical opinion

Lawsuit claims employer and insurance board wanted doctor to ‘participate in a fraud’ regarding worker’s injuries.
Source: Toronto Star
By: Jacques Gallant Staff Reporter, Published on Thursday, April 12, 2016

A Hamilton-area physician is suing the Workplace Safety and Insurance Board and her former employer for $3.2 million, claiming she was fired when she wouldn’t deliver a medical opinion that suited the WSIB.

Dr. Brenda Steinnagel, 50, is alleging in her statement of claim that she was terminated last April after the WSIB repeatedly demanded that her employer, Vaughan-based Workplace Health and Cost Solutions, change the medical opinion she authored on a hospital worker who was claiming benefits after suffering head injuries while trying to restrain a patient...to read the entire article
CLICK HERE


Vaughan, Ontario man charged following $63,000 insurance fraud investigation

Source: Canadian Underwriter, dated April 12, 2016  

Just days after the York Regional Police (YRP) announced that they have laid charges in connection with an alleged staged collision in the Township of King, Ont., police said on Monday that they have charged a 36-year-old Vaughan man in connection with insurance fraud and are seeking additional victims...to read the entire article
CLICK HERE


IBC congratulates police for laying charges in staged collision investigation in Ontario township

Source: Canadian Underwrite, dated April 7, 2016  

The Insurance Bureau of Canada (IBC) is congratulating the York Regional Police (YRP) for laying charges in connection with an alleged staged collision in the Township of King, Ontario.

Investigators with the YRP Major Collision Investigation Unit laid charges against Fatin Elias, 46; Jourjeet Shahara, 52; Samid Shehara, 47; and Salam Shehara, 34; all of Toronto...to read the entire article
CLICK HERE


Ontario recognizes PTSD as work-related for first responders

NDP MPP Cheri DiNovo says she’d like to see post-traumatic stress disorder coverage expanded to include nurses, special constables, bailiffs and parole officers.

Source Toronto Star
By: Queen's Park Bureau, Published on Tue Apr 05 2016


Police, firefighters and paramedics with post-traumatic stress disorder will no longer have to prove it was caused by tragedies they handled on the job, erasing a major roadblock to prompt treatment.

MPPs from all parties unanimously passed a law Tuesday recognizing the disorder as a work-related illness, which advocates hope will ease a spate of suicides among first responders...to read the entire article
CLICK HERE

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